Traffic shaping, network management - it doesn't matter what you call it because there are parties on both sides of the argument that are bound and determined to shout and be heard above the opposition.

The worst part? I see and feel for both sides of the discussion. On the one hand you have people using their connection for perfectly legitimate reasons (but come on...we all "know" that the vast majority of bit torrent traffic is illegal downloads!! blind denial of this simply makes the rest of your arguments carry less weight!) who have signed up for "X" amount of bandwidth to use (for the most part) however they please. They simply expect their connectivity to work, no matter what. For the most part, I can't disagree with that stance.

On the other side you have the service provider/carrier that has been making investments over time and is adding customers to their network as fast as possible. They have a mission to make every customer as happy as the other.